Queja formal: Consent y otras violaciones a políticas

OF
GIVE
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
ICMS #: 2020-0373
March 27, 2020
Complaint: Mr.
complainant and retired
officer, alleges that his car was searched without his consent and without cause. Mr.
further alleges that he was unlawfully detained. Additionally, Mr.
stated that he
requested a supervisor and none was sent.
This notice of formal complaint is a request for Internal Affairs to initiate an investigation in
order to determine if the employee conduct is within compliance of APD policy, Civil Service
Rules, and Municipal Civil Service Rules.
Recommended Administrative Policies to Review (to include but not limited to):
306.5 CONSENT
(a) Entry into a location or vehicle for the purpose of conducting a search for any item
reasonably believed relevant to any investigation is permitted once valid consent has been
obtained. Officers should be aware that overuse of the consent search can negatively
impact the Department's relationship with our community and only request a consent
search when they have an articulable reason why they believe the search is necessary and
likely to produce evidence related to an investigation. A search by consent is only
allowed if the following criteria are met:
1. The officer has explained the reason for the consent search request to their
supervisor (or their Corporal/Detective if their supervisor is unavailable) and
received their approval prior to requesting consent. If the officer is:
(a) Assigned to a specialized unit that has received specific training on
consent searches; or
(b) The officer has completed the department's Interdiction for the
Protection of Children (IPC) training and is actively conducting an
IPC investigation; then the officer would not need supervisor
approval prior to requesting consent.
2. Consent is voluntary (e.g., clear, specific and unequivocal).
3. Consent is obtained from a person who has the authority to give the consent (e.g.,
care, custody and control of the location or vehicle).
4. The search does not exceed the scope of the consent given.
(b) Consent must be obtained as the product of a free will. It cannot be obtained through
submission to authority, either expressed or implied.
The City of Austin is committed to compliance with the American Disabilities Act.
Reasonable modifications and equal access to communications will be provided upon request.
OF
CITY
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
306.8 PROBABLE CAUSE
(b) Vehicles:
1. Officers may conduct a warrantless search f a readily movable vehicle (e.g.,
automobile, mobile home, boat or airplane) if there is probable cause to believe
that evidence or contraband is inside and the search cannot safely be delayed in
order to obtain a warrant.
318.3 DETENTIONS
Detentions are "seizures" under the Fourth Amendment. Officer may stop and question
individuals when reasonable suspicion that the person may be involved in past, present or future
criminal activity exists.
F
318.3.1 HANDCUFFING DETAINEES
A
(a) As a practice, officers should not handcuff lawfully detained individuals . However,
situations may arise where is may be reasonable to handcuff a lawfully detained
individual.
(b) Some factors reasonable causing an officer to handcuff a detained individual include, but
are not limited to:
1. physical resistance;
2. verbal threats against the officer or others nearby;
3. investigation of a violent crime or a crime involving weapons; or
4. reliable information that the person is armed (without appropriate license), the
person is violent, or is a flight risk.
(c) Officers should weigh the safety interests of all involved individuals against unreasonable
intrusion upon a detainee when deciding to place handcuffs on a detainee.
900.1.1 RESPONSIBILITY TO KNOW AND COMPLY
The rules of conduct set forth in this order do not serve as an all-inclusive list of requirements,
limitations, or prohibitions on employee conduct and activities; employees are required to know
and comply with all Department policies, procedures, and written directives.
Recommended Classification: The OPO is permitted to make a preliminary recommendation
on the classification of administrative cases.
The OPO recommends that this allegation receive an A classification.
The City of Austin is committed to compliance with the American Disabilities Act.
Reasonable modifications and equal access to communications will be provided upon request.